Can Police Search My Car Without a Warrant in Wisconsin?

 Posted on June 23, 2025 in Criminal Defense

Under specific circumstances, law enforcement can search your car without a warrant. Whether or not you are carrying anything illegal, such as drugs or weapons, officers have to follow protocol before conducting a search without a warrant. 

If you think your vehicle was illegally searched or officers collected evidence of a crime against you during a vehicle search, you should speak to a New Berlin, WI criminal defense attorney to assess whether your constitutional rights were violated and whether any evidence against you can be challenged.

When Can Police Search Your Vehicle Without a Warrant?

The Fourth Amendment of the U.S. Constitution protects you against unreasonable searches and seizures. However, several exceptions allow Wisconsin law enforcement to search your vehicle without obtaining a warrant. The most prevalent in your case is the automobile exception. Vehicles can be searched without a warrant because the law acknowledges the inherent mobility of your car. If police wait for a warrant, you could move your car out of the jurisdiction or destroy any evidence before a warrant can be obtained. For this exception to apply, the officers must have probable cause to believe that your car contained evidence of a crime.

Other exceptions to the search and seizure law include:

• Exigent circumstances: Police may act without a warrant during emergencies where public safety is at risk or evidence could be quickly destroyed.

• Plain view: If officers are lawfully present and see illegal items clearly visible, they can seize the items without a warrant.

• Search incident to arrest: Officers may search an arrestee and their immediate surroundings for weapons or evidence, but this does not include digital devices.

• Consent: If you voluntarily consent to a search, no warrant is required.

What Is Probable Cause to Search a Car in Wisconsin?

Probable cause requires specific facts that would lead a reasonable officer to believe that a crime has occurred and that evidence of that crime may be inside the vehicle. This standard is codified under Wis. Stat. § 968.07(1)(d), which allows an officer to make an arrest and conduct a related search when they have probable cause.

For example, if the officer smells marijuana or sees a gun in plain view, this could support probable cause to search the vehicle. However, just being pulled over or exercising your right to remain silent does not automatically give police the authority to search your vehicle. 

What Happens If the Search Was Illegal?

If the officers in your case violated your constitutional rights, any evidence discovered during the search could be suppressed in court. The prosecution would not be able to use the evidence against you, which could result in reduced charges or a complete dismissal of the case.

Contact a Waukesha, WI Criminal Defense Attorney for a Free Consultation

If you are facing criminal charges after a vehicle search, you should act quickly and contact a New Berlin, WI criminal defense lawyer at Bucher, Wolff & Sonderhouse, LLP today. Your rights during a stop are not always respected, and uncovering evidence of an unlawful search can dramatically affect the outcome of your case. Call 262-232-6699 to schedule a free consultation and speak with a knowledgeable attorney about how federal and state laws impact your case.